Small Claims Court in Arlington County

In Arlington County, VA small claims cases are typically filed in the District Court. Arlington County has 1 District Courthouse that handles small claims, serving different jurisdictions.

Squabble is here to assist you in navigating the small claims court system and filing a claim with ease. We recognize that not everyone is a legal expert, and our goal is to simplify the process for you. This guide will answer your questions about filing claims in the Arlington Court System.

Small Claims Court

The small claims division of a district court handles civil cases where someone (the plaintiff) is seeking up to $5,000 in monetary compensation or the return of personal property valued at up to $5,000. In Arlington County, Virginia; these cases are heard in the General District Court.

Trials in the small claims division are informal, and each party represents themselves. Witnesses testify under oath, and the judge can consider all relevant evidence without the strict rules followed in other courts. The goal is to resolve disputes fairly and quickly.

Cases Handled

The Small Claims Court addresses various issues, such as:

• Disputes between tenants and landlords
• Personal injury claims
• Cases involving stolen property
• Claims for damaged property
• Debt collection matters
• Auto repair issues
• Poor construction work
• Defective products
• Breaches of contract or verbal agreements

Preparing a Small Claim

1. Before filing a suit, the plaintiff needs to know the defendant's current street address. If the defendant is an individual and their home address is unavailable, a work address might suffice, but a home address is preferable. When using a work address, the civil warrant must be served to the defendant in person, which can be challenging.

2. Providing the court with a complete and accurate street address improves the chances of successfully serving the papers to the defendant. Be sure to include the city or county, zip code, and any apartment number. Note that a post office box number is not sufficient for service.

3. If the defendant is a business, it might be a corporation, partnership, or operating under an assumed name.

4. Businesses using an assumed name must file a "fictitious name statement" with the clerk’s office of the local circuit court. You should check with the clerk’s office to see if this statement has been filed. It will provide the real name of the business owner, the name of an agent if the owner lives elsewhere, and a physical address where the owner or agent can be found. For example, if John Doe operates under the name "Doe Jewelry," he would be sued as "John Doe trading as Doe Jewelry."

5. An easy way to find a corporation's address is to contact the registered agent division of the State Corporation Commission in Richmond at (804) 371-9967. They can provide the name and address of the corporation's registered agent. For instance, to sue a corporation, you would address it as "XYZ Corp., c/o John Doe, Registered Agent, 1402 Fish Lane, Fishtown, Virginia."

Filing a Small Claim

If the plaintiff is seeking only a money judgment, they should prepare and file a form called a "warrant in debt." For those looking to reclaim possession of specific personal property that the defendant wrongfully refuses to return, they should prepare and file a form called a "warrant in detinue."

When filing a suit, the plaintiff needs to provide the clerk of court with the following:

• The name of the defendant
• The current address of the defendant
• For a money judgment case, the dollar amount of the plaintiff’s claim
• For a suit to reclaim property, the specific property being sought, including its value
• The reason for the claim
• Funds to pay the filing fee and any sheriff’s fee for serving the warrant

The cost of filing a case and serving process may vary depending on the court. General District Court Civil Filing Fee Calculation (state.va.us) or ask the clerk of court about the fees, which must be paid in cash, by certified check, or by money order.

In addition to the copies filed with the court, the plaintiff should make two extra copies of the papers. Keep one copy for personal records and mail the second copy to the defendant.

Careful plaintiffs take one more step: send a copy of the civil warrant by first-class mail to the defendant at least ten days before the date of their first court appearance. Complete a Certificate of Mailing and deliver it to the judge on the court date or file it with the clerk’s office before the trial date. If these steps are not taken, and the defendant fails to appear in court, the plaintiff cannot get a judgment on the trial date. The case will have to be continued until the ten-day notice requirement is met.

Service of Process

After filing, the papers are sent to the sheriff of the county or city where the defendant is located, or the plaintiff can use a private process server to serve the papers on the defendant. A deputy from the sheriff’s department or a private process server will deliver the civil warrant to the defendant. This is known as "service of process," and it provides the defendant with notice of the suit.

Papers may be served in one of the following ways:

1. Personal Delivery: Delivering the civil warrant to the defendant in person.
2. Delivery at Home: Delivering the papers to the defendant or any member of the defendant’s family who is sixteen or older at their home or "usual place of abode."
3. Posting: Attaching the civil warrant to the front door of the defendant’s usual place of abode.

If the deputy sheriff or private process server cannot serve the papers using the above methods, the papers will be returned to the court with a written statement from the deputy sheriff or private process server indicating that the defendant was “not found.” This means the defendant was not successfully served, and there is no good service. Without good service, the court cannot try the case. In this situation, you will need to find a better address or seek the advice of an attorney.

Trial

The civil warrant will specify a date and time when both the defendant and the plaintiff must appear in court for their trial. This date is often referred to as the “return date.” In the small claims division of the General District Court, the plaintiff should be ready to try the case on this date.

While all cases scheduled for the same day may require the parties to be present at the same time, each case will be heard one at a time. The parties will approach the judge individually to address their specific case.

Default Judgment

If the civil warrant was properly served on the defendant and they fail to appear on the return date, the court may enter a “default judgment” against the defendant. In this situation, the court will issue a judgment for the plaintiff based on the evidence provided, assuming it supports the claim. This means the defendant has effectively lost the case.

However, if the civil warrant was served by "posting" it on the front door of the defendant’s residence, the court will not enter a default judgment until the plaintiff certifies that they mailed a copy of the civil warrant to the defendant at least ten days prior to the trial. If you have used the Certificate of Mailing, you should present it to the judge or inform the judge that you filed it with the clerk’s office before the trial date. If you cannot prove that you mailed a copy of the civil warrant to the defendant at least ten days before, the case will be postponed until you can provide this proof.

If the plaintiff fails to appear in court, the defendant may request that the judge rule in their favor.

Removal of the Case

Before the judge makes a decision, the defendant has the right to "remove" the case from the small claims division to the general district court. To do this, the defendant must complete the "Removal to General District Court" form, which can be found on the back of the Warrant in Debt Form, and submit it to the clerk or judge.

If the case is removed, all further proceedings will take place in the general district court, where formal rules of practice, procedure, pleadings, and evidence apply. Additionally, parties in the general district court can be represented by lawyers.

Trial Procedures

The Question of Representation

In the small claims division, parties generally represent themselves, with a few exceptions:

• Corporate or Partnership Representation: A corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer, or an employee of that corporation or partnership.
• Attorneys in Small Claims Court: Attorneys can appear in small claims cases only if: They are representing themselves (not acting as a lawyer for someone else), or They are appearing solely to remove the case to the general district court.
• Representation by a Friend or Relative: If the judge believes a plaintiff or defendant cannot adequately understand or participate in the hearing on their own, they may be represented by a friend or relative. This representative must be familiar with the facts of the case and cannot be an attorney.

Witnesses

If you wish to call witnesses, it's a good idea to have them served with a subpoena, even if they have agreed to appear or are a defendant. You will need to pay a sheriff’s fee for serving each witness subpoena.

If a witness receives the subpoena at least five days before the trial and their testimony is crucial, the judge will usually continue the case to a later date if the witness does not appear and you request a continuance. Otherwise, the trial will typically proceed without that witness.

To subpoena a witness, file a Request for Witness Subpoena (district form DC-325) in the small claims division of the clerk’s office at least ten days before the trial. You must provide the witness's name and current home address.

It's important to inform your witnesses that you have filed a request for them to be a witness before they receive their subpoenas, except if they are the other party. Witnesses who are surprised by the subpoena may be less willing to cooperate in court.

Trials for Small Claims Actions

In small claims court, cases are tried informally. Both the plaintiff and defendant will have the opportunity to present evidence, question witnesses, and explain to the judge why they should win the case. The judge can admit any evidence relevant to proving the facts of the case.

Witnesses must be sworn in before testifying, and the judge will not consider "privileged communications" (statements protected by law from being used in court).

Judgment

At the end of the case, the judge will issue a judgment for either the plaintiff or the defendant. If the judgment is in favor of the plaintiff, it may be for the full amount sought or a lesser amount. The party with the burden of proof must demonstrate not only that they are entitled to win the case but also the specific amount owed.

Appeal

If a party wants to appeal the judgment and the amount in dispute exceeds $50, they can file an appeal to the circuit court for a new trial. The notice of appeal must be filed within ten days after the judgment is entered. To file an appeal, use District Court form DC-475, Civil Appeal Notice.

Once an appeal is filed, the judge will set an appeal bond. The appealing party must post this bond with the clerk of the court within thirty days after the judgment is entered; otherwise, the appeal will not proceed.

On appeal, the case will be retried in the circuit court with a formal procedure, adhering to all rules of evidence and procedure, and usually with lawyers representing the parties. If the claim exceeds $100, a jury trial may be requested in circuit court.

Enforcing the Judgment

Winning a civil case typically results in a money judgment, which is a court order stating that the defendant (now a judgment debtor) owes the plaintiff (now a judgment creditor) a specified sum of money. However, obtaining a judgment does not automatically mean receiving the money; it must be enforced against the defendant's property. To enforce the judgment, the judgment creditor can use several legal remedies. For more details on these procedures, contact the general district court clerk’s office. The options include:

• Summons to Answer Interrogatories: Used to gather information about the defendant and their property to facilitate collection procedures.
• Abstract of Judgment: Can be recorded in circuit court as a lien against the defendant’s real estate.
• Writ of Fieri Facias: Allows for the sale of the judgment debtor’s personal property at public auction to satisfy the judgment. Garnishment Summons: Used to secure payment from the judgment debtor’s bank account or earnings.

Courthouse Locations:

Arlington General District Court

1425 N Courthouse Rd, Suite 2400, 2nd Floor
Arlington, VA 22201
(703) 228-7900
https://www.vacourts.gov/courts/gd/arlington/home.html

BUILDING HOURS

• Monday - Friday 8:00 a.m. to 4:00 p.m., except court holidays.

Let Squabble Help You With Your Small Claim at Arlington County

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